Prashant Kumar Jaiswal and Ors. vs. State of U.P. and Ors. [MANU/UP/4124/2017]: Allahabad High Court
Quintessential elements of a valid selection process for a public employment
41. The quintessential elements of a
valid selection process would necessarily encapsulate the following elements :
A.
Wide
publicity of the proposed selection
B.
Pre-defined
rules of selection which would include the bifurcation of marks between a
written test and interview, prescriptions in respect of minimum and maximum
age, principles of reservation if applicable, the constitution of the selection
committee and a broad framework for the recruitment exercise.
C.
Prescription
of essential qualifications- the most significant and important aspect for initiation
of a selection process which enables all intending applicants to adjudge
whether they are eligible or not.
D.
Pre-determined
criteria to identify the zone of selection
42. In essence, the “rules of the
game” must be clearly defined and pre-determined so as to eschew any
allegation of a lack of fair and transparent procedure having been adopted in
the selection process. When the advertisement prescribes or confers the
authority upon the selecting body to recognise candidates as eligible to
participate on the basis of an “equivalent” qualification, it
necessarily presupposes the determination and formulation of criteria which
would guide and govern the question of equivalence. It would entail the
recognition of certain predetermined qualifications which would be treated or
recognised as equivalent. At its lowest, at least the criteria to confer or
recognise equivalence would have to be formulated in advance.